The High Court has ruled that a constitutional petition challenging the planned Ksh154 billion modernisation of Jomo Kenyatta International Airport (JKIA) deserves urgent attention, directing all parties to submit responses before a hearing set for next week.
In directions issued on June 19, Justice Gregory Mutai ordered the petition and related application to be served on all respondents and interested parties by Friday evening, with replies due by June 22 ahead of the June 23 hearing.
Justice Mutai said the petition and motion involve matters of major public significance and warrant urgent consideration.
The judge also directed respondents and interested parties to file and serve their responses by 5pm on June 22, with the application set for an inter partes hearing on June 23 at 11:30am.
The case was filed at the Milimani High Court by the Consumer Federation of Kenya (COFEK), through Secretary General Stephen Mutoro, who is seeking conservatory orders to stop further action on the airport redevelopment.
COFEK wants the court to prevent the respondents from taking any steps that may create contractual, financial, proprietary or public obligations linked to the proposed redevelopment of Kenya’s largest international airport.
The petition also seeks orders requiring all records connected to the project to be preserved, including agreements, approvals, financing arrangements, correspondence, land-use records and implementation documents.
The petitioner says the government has already begun procurement for the airport upgrade, but important details on the consortium behind the project, its financing structure, beneficial ownership and contractual obligations have not been disclosed.
The case also questions reports linking a company reportedly associated with Zimbabwean businessman Wicknell Chivayo to the project, saying its role remains unclear.
Mutoro argues that without court intervention, the respondents could sign agreements, secure financing and commit public resources before the constitutional issues raised in the petition are resolved.
The petitioner says the proposed redevelopment raises serious constitutional concerns involving transparency, accountability, public participation, access to information, public procurement and the prudent use of public resources.
The legal action follows days after Transport Cabinet Secretary Davis Chirchir defended the airport modernisation programme, saying it would increase capacity from 7.5 million to about 22 million passengers annually.
Chirchir has also rejected claims that the contract has already been awarded, insisting that procurement is still ongoing and that some media reports contained inaccurate information.